Does a defendant have to waive his right to a jury to appeal his conviction on appeal of a jury selection error?

California, United States of America


The following excerpt is from People v. Lancaster, B242207 (Cal. App. 2014):

jurors. Although "the parties are not free to waive, and the court is not free to forego, compliance with the statutory procedures which are designed to further the policy of random jury selection, equally important policies mandate that criminal convictions not be overturned on the basis of irregularities in jury selection to which the defendant did not object or in which he has acquiesced." (People v. Visciotti (1992) 2 Cal.4th 1, 38.) It is unfair to the trial judge and to the prosecution to allow defendant to take advantage on appeal of an error that could have been corrected easily at trial. (People v. Saunders (1993) 5 Cal.4th 580, 590.)

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